Matt on Trial
by lostcowgirl
Summary: Sheriff Rick Miller may have stopped Matt Dillon from killing Dean Harlow with his bare hands, but that didn't help Kitty Russell. If she died nothing that happened from now on mattered. This is my attempt at meeting Nevada Rose's challenge.
1. Chapter 1 - Arrest

Chapter 1 - Arrest

Great Bend's sheriff Rick Miller learned the basics of his trade just before the war, working as a deputy in various towns on the frontier before returning to in his home state of Iowa to join the Union Army and marry Evelyn Kramer, the older daughter of his parents' closest friends. He'd left the Dakota Territory three months after it was formed on March 2, 1861 but made his way back there after being mustered out in '65. The Dakotas were the new home of the 30-year-old lawman until he lost his infant son and nearly lost Evelyn giving birth to him. The tragedy of the loss caused the Millers to move to the relatively more civilized Kansas town where Evelyn's sister Melinda's husband Doctor Ben Wilcox had recently set up his medical practice.

Although it sat on a junction connecting two branches of the Santa Fe and then to other railroads, Great Bend was normally a quiet town. It didn't live up to its reputation one Wednesday night in early September 1876, which annoyed the now middle-aged sheriff. One of the biggest men he'd ever seen, at least six and a half feet tall, was pummeling a not much smaller man in height, but carrying less muscle, in the alley between the stage depot and surprisingly the town's only decent hotel. He approached stealthily, his pistol drawn. Even in the poor light from the gas lamp at the opening to the alley he could see what looked like a woman lying on the ground behind the two men.

"Hold it right there, Mister," he told the more powerful of the two. "That is, unless you mean to kill him."

When he got no reaction, Rick used the barrel of his drawn Colt to smack the man on the back of his head. He had to hit him hard twice before the tall stranger finally dropped his hold on his potential victim and both fell to the ground, joining the woman he'd presumably already beaten unconscious if not to death. The sheriff quickly relieved the man of his sidearm, sticking it in the waistband of his pants while he had the chance and called for assistance from his deputy Tom Chalk who was just coming out of the town's best restaurant.

While Sheriff Miller remained with the prisoner and his apparent victims Tom gathered a few men from the hotel and nearby saloon to get the two barely breathing battered bodies over to Dr. Ben Wilcox's office on the other side of Hadley's Hotel and Saloon. When Tom returned Miller sent his deputy and another trusted citizen to drag the big man he'd knocked cold to a jail cell while he followed after those carrying the beaten man and woman to the town doctor's office.

Rick waited in a chair by the doctor's desk while Ben and his wife, who was also his nurse, dealt with their new patients. An hour later at nine PM, far later than when the sheriff normally finished his rounds and returned to his home on a residential street a block from the jail, Dr. Wilcox had done all he could. Leaving Melinda to look after the two critically injured patients the brothers-in-law walked toward the jail after a brief stop at the sheriff's home to let Evelyn know he'd be back directly. By the time the doctor and lawman arrived at the jail Deputy Chalk had thrown the prisoner's gun belt, coat and hat on the desk and locked him, still unconscious, in one of the cells.

When Rick unlocked the cell so he and the doctor could step inside the prisoner was awake. He sat on the cot rubbing his head, obviously in pain.

"If you're wondering about your headache and those lumps on your head, I'm responsible. It was the only way I could gain control of the situation short of shooting you. Doctor Wilcox here will see if I did any permanent damage while he fills me in on the health of the man and woman lying in his office and patient room. I'm Rick Miller, sheriff here in Great Bend," he said suddenly noticing the badge pinned on the man's chest under his vest. "Ben goes first. Then it will be your turn."

"Both the man and woman are in bad shape from savage beatings. I'm not sure either of them will live, although the man has a better chance. In time I'll know more. Unlike those two back at my office this one will definitely live. You'll know the exact charges, Rick, by the time he comes to trial."

With that Great Bend's doctor left the cell. Rick, postponing questioning in the interests of the meal his wife was keeping warm, followed soon after but not before patting the man down, removing the badge from the man's chest and checking the pockets of his coat on the desk. He then locked the large man's gun belt, money and badge in the jailhouse safe. Bothered by his prisoner being a lawman, the conscientious sheriff of the town about 100 miles northeast of Dodge City and 80 miles mostly west of Salina returned to talk to his prisoner within a half hour. This time he sat on a stool outside the cell.

"This really eats at me, arresting a US Marshal on a possible double murder charge. Maybe you can convince me that what I saw wasn't what it appeared. Start with who you are and why you're here."

"Name's Matt Dillon, out of Dodge City. I delivered a prisoner to Abilene, stayed a couple of days for the trial before starting out for home. I left later than I hoped, so I only got as far as here. Figuring I might as well sleep in a bed as out on the prairie, I put my horse up and headed for the hotel. That's when I spotted Dean Harlow in the alley. Even in the dark I could see whom I was pulling him off of. I have no idea why she'd be in Great Bend and not home in Dodge or how she came to be anywhere near Harlow. From what your town doc says, Kitty's might not make it."

"Sounds like you know both of them. Who are these two?"

"Harlow's a crooked gambler and womanizer. Kitty's Kitty Russell, the owner of the Long Branch."

"I won't ask you why Harlow being with Miss Russell matters so much to you. It will come out at your trial. Is there anyone in Dodge who needs to know what's happened to them?"

"Yeah. Send a telegram to Doc Adams. Let him know Kitty's been badly beaten and I did and am doing all I can to make things right. Tell him to contact me at your jail after he sees her. Nothing against your Dr. Wilcox, but I'd feel better if she were in Doc's care."


	2. Chapter 2 - Gathering Evidence

Chapter 2 - Gathering Evidence

Most folks were already in bed, presumably asleep. Deputy Tom Chalk had already taken over guarding the prisoner for the night so his boss could spend what remained of the night at home with his wife. However, an office other than the one at the jail remained open. Charlie Betts, the telegraph operator, sensed he might be needed after the evening's events, so the old man kept his office open despite the fact it was now nearly 11 o'clock. He was considering closing when Sheriff Miller entered and scribbled a short message on a piece of the scrap paper that was provided along with sharpened pencils for those wishing to send a wire for him to transmit immediately.

The lawman handed Betts the message he'd just written down that Matt Dillon wanted sent to Dr. Adams. He couldn't say just what it was, but something about the way his taciturn prisoner told him to send this wire made him feel it was essential for the Dodge City doctor to receive and reply to the information it contained as soon as possible. Not one to ignore a gut feeling, the Great Bend sheriff not only watched Charlie send it, but asked him to wait for a response and bring it to him as soon as it was received.

His final task of the night completed, Rick Miller trudged wearily home to his small house on the street behind the jailhouse to talk things over with his wife Evelyn. He'd grown used to sharing troubling thoughts about his job whenever they bothered him. Right now those thoughts were very jumbled. The facts he had so far didn't fit with Matt Dillon's reputation. Maybe the Dodge City doctor, if he were willing to come to Great Bend, might provide insight. Meanwhile talking it over with the woman he loved was his only path to understanding.

Evelyn, dressed only in a nightgown and robe greeted him at the door. She sensed her man was even more troubled than he was before he talked with the man he'd arrested. A crime of such violence, especially against a woman, was extremely rare in their town. Rick, who loved her cooking, could hardly eat his supper earlier so she knew how much the night's events disturbed him.

"We can talk about what's on your mind as soon as you're ready. Meanwhile, I'll pour us a couple of drinks while you take your boots off and hang up your weapon and hat and coat. As terrible as what happened is, at least neither you nor the one you arrested was shot."

"It might have been easier if there had been a gunfight. That would have been something straightforward, rather than all the contradictory information I'm confronted with. I arrested a man, a lawman, who seems to be guilty of beating a woman and the man she was with possibly to death. The contradiction lies in the contrast between the apparent facts and the reputation of this man I never met but hold in high esteem for what I thought we both stand for when it comes to the law."

"What happened when you talked to him? How did he seem?"

"Resigned to whatever fate hands him, but genuinely concerned about the woman's well-being. All he asked is that I telegraph a Doctor Adams in his hometown Dodge City to come care for her. He doesn't seem to want a lawyer, although with the possibility of facing at best two charges of attempted murder, he could sure use a good one. Maybe you could bring him one of your delicious breakfasts and kinda size him up and get him talking while I try to find anyone at all who might have witnessed more than me. If this Adams actually comes perhaps he'll provide a sense of the man and any history the three people involved share. I believe there's more to the story than US Marshal Matt Dillon is so far willing to tell me."

A very deliberate rapping on the front door brought the discussion to a close. It was Charlie Betts with a surprisingly quick response to the telegram. Doctor Adams was coming to Great Bend. Rick thanked Betts for his diligence, closed and locked his front door and followed his wife into their bedroom, closing that door behind him. He was more than ready to turn in for the night.

Evelyn Miller slid the breakfast tray through the slot in the cell door under the watchful eye of her husband's deputy Tom. The tall, muscular handsome man in his mid-30s looked up long enough at the sound of her approach for his quick reflexes to catch it before all the food spilled on the floor. She, in turn, glimpsed his face long enough to notice the deeply troubled intensity of his blue eyes and his uncombed dark curls hanging down into them.

"Thank you ma'am for the food, but I'm just not hungry. I'm not even sure I want a cup of coffee just now."

"I have to believe it's not the smell of my food. I'm considered a good cook around these parts. Your lack of appetite must mean you feel some remorse for doing what put you in my husband's jail, Mr. Dillon. You'll find I'm a good listener if you feel like talking. Do you?"

"Nope. Still, I don't blame Sheriff Miller for asking you to try. Kitty's been able to find out things about a crime that led me to the truth. By the way, have you heard anything about her?"

"I'm sorry, but I haven't. Perhaps Tom will want this food before it cools off too much. He's stuck here guarding you while Rick investigates."

Miller returned to his office to find Chalk sitting at the desk with his head resting on his arms beside the empty tray. The sheriff woke his deputy to send him home to get some sleep before returning to duty that afternoon. He'd wait until his wife returned with dinner to confirm that at least this bit of evidence was what it seemed – Tom had eaten the prisoner's meal. Meanwhile, he'd go over what little information he'd managed to gather.

Nobody he'd talked with had anything new to add that was of any real use. Dean Harlow had ridden into town several days before. He'd spent his time gambling at the saloon attached to Hadley's Hotel. Sterling Hadley was one of the players in what was a series of friendly games that included Harlow even if the pot at times grew rather large for a town like Great Bend. The hotel and saloon owner hadn't noticed any particular pattern Harlow followed, but did say the gambler had left the poker table presumably to return to his room just as the stage from Topeka by way of Salina arrived. Rick learned Kitty Russell was on that stage, but the stationmaster didn't see her meet Harlow or anyone else. As previously arranged, her belongings had been taken over to the hotel. Harlow, the desk clerk volunteered, had hastily booked a room for her before he went upstairs presumably to his room across the hall from hers.

The sheriff was mulling over the timing of Harlow's actions when his sister-in-law entered the office. She seemed rather anxious for him to accompany her across the street to her husband's office. Miller hesitated, but decided to risk leaving his prisoner alone under the circumstances. The town was quiet. Most people didn't know about the beatings. He doubted anybody was angry enough to demand immediate retribution. Therefore, he closed the door leading to the cells, locked the front and rear doors and followed Melinda to learn what the town doctor had to say.

"There's still no change in the young woman's condition. She's resting as comfortably as possible in the adjoining sick room I've set aside for patients needing critical, long-term care. I haven't moved the gentleman from my examining table to the corner cot as yet but he's awake enough to talk to you for a few minutes."

"Mr. Harlow, I'm Sheriff Miller. Do you remember what happened last night after you left the poker game? I know this is difficult so just take your time."

"It's pretty clear up until Dillon laid into me. I left the saloon for the hotel just as the stage was coming in. The person I was expecting was on it. I could see her red hair under her hat as she looked out the window. The clerk behind the desk entered her name in the register and made arrangements for her baggage to be taken to her room. I waited in my room across the hall, but when I didn't hear her approaching I went in search of Kitty."

"Kitty, would that be Miss Russell? What happened next?"

"Yeah, Kitty Russell. I went outside and there was Matt Dillon beating on her. I don't know how he found out where we were meeting. That's why she was coming from the east rather than from Dodge. He calls himself a marshal, but it's just an excuse to claim ownership of everything and everyone in what he calls his town. I didn't cotton to that so he told me to get out. I did, but not before making arrangements with Kitty. He didn't see me so he must have taken it out on her. I pulled him off her, but found myself fighting for my life. Then it all went black until I woke up in Doc Wilcox's office. How did I get here?"

"That was my doing. I got Dillon off you by smacking him over the head with the butt of my gun. He's locked up in a cell awaiting the exact charges before the circuit judge comes through next week. Will you sign a complaint?"

"You bet I will, Sheriff! He won't hang for what he's done to me, but I hope he swings for what was done to Kitty!"

Rick elected not to tell Harlow that Kitty Russell was still alive because there was no certainty she'd remain that way. Instead he thanked the man. As soon as he asked Melinda Wilcox to help her sister carry a couple of dinner trays to the jail, the troubled lawman left. At noon the sisters brought the meal to the jailhouse. Again the prisoner refused to eat any of it. Evelyn remained to eat with her husband and mull over her impressions and the evidence he'd been able to gather with him.

"Just tell me I'm right about one thing. Did Tom eat the breakfast you brought for Dillon? Once I know that I'll be ready to hear your impression of my prisoner."

"It was Tom. Mr. Dillon wasn't hungry. He even refused coffee. I'll tell you one thing. He didn't seem to care at all about the man. He tried to hide it, but he seemed worried about the woman, who he called Kitty. I got the feeling he's closer to her than even he will admit. He said something about you using me to gather information just as he would with her. I don't believe he cares what happens to him if she dies."

"I don't know yet if she will die, but Harlow won't. At best Dillon will stand trial for attempted murder of two people. He even admits to beating the man and having a past with him. The only way he'll be acquitted is if she lives and her story is significantly different from the one Harlow just told me. What he had to say gibes with all the other evidence. It sure doesn't look like Marshal Dillon was beating Dean Harlow to protect Kitty Russell like he claims."


	3. Chapter 3 - How Things Stand

Chapter 3 – How Things Stand

Matt Dillon sat on the cot in his cell thinking about his surroundings and his most recent mistakes that brought him into this mess. The cell wasn't that different from the ones in the rear of his office back in Dodge. Had his and Sheriff Miller's positions been reversed, he would have arrested the sheriff. Lawman or not he was a stranger in town found beating a man to death while a woman lay unconscious or dead on the ground in the alley. At least Willow Bend's peace officer held the same regard for the law as he did even if it meant he would soon be on trial. The final charge and ultimately the outcome would depend on whether or not Dean Harlow and more importantly Kitty Russell lived or died.

Miller, sitting with his wife eating dinner and talking over the situation had no idea what his prisoner was thinking in his cell. The only thing he knew was he had to try again to get the man to talk or failing that at least get him to eat or drink something. As soon as Evelyn left through the back door carrying the now empty and stacked trays the sheriff opened the door that separated his office from the cells with a cup of black coffee in his hand. He set it down beside the stool he'd left near the cell that housed his prisoner and sat down.

"I've got some things to tell you. Maybe you'll feel like telling me a bit more after."

"Whatever you've got to say, say it. I've got no choice in the matter."

"Harlow's gonna live. Miss Russell's still unconscious and Ben's still not sure she'll make it. Your doctor friend is coming, but I don't know what more he can do for her. One thing he will be able to do is testify to your character at your trial. From what I saw and what Harlow told me, things look bad for you."

"Doesn't matter. Harlow can tell all the lies he wants. If Kitty doesn't make it, I'll die knowing the truth. Even if I don't hang, I won't have long to live. There's too many men in that prison who want me dead."

Sheriff Miller was about to continue the conversation when they both heard a commotion outside. Discussing the trial and getting his prisoner to at least drink something would have to wait until he learned what the ruckus was all about. He grabbed a shotgun on his way to the office door.

"Sheriff, send that woman beater out to us. We'll show him what it feels like to beaten to death!"

"You men listen to me! He's suffering more now waiting for his trial and possible hanging then he ever would from any beating you could give him. Judge Blundt will be here in about a week. The trial's set for next Thursday morning."

Miller's words must have had an effect on the angry citizens of Great Bend. The crowd dispersed without a shot being fired, satisfied the prisoner's suffering while awaiting trial, with a greater punishment to come, outweighed any satisfaction a beating and lynching might bring them. However, the sheriff, taking no chances, closed and locked the door before returning to his prisoner.

"Dillon, I'm sure you heard that. I kept you from a lynch mob, but if you're to remain alive until your trial this coming Thursday you need to help me. The only way you can give your side to Judge Blundt is if you eat and drink something, even if it's only bread and water. Besides, my wife's not too happy with you snubbing her cooking. What do you say to having a cup of coffee with me while we go over things?"

Matt finally agreed to coffee and trying to eat some of whatever Mrs. Miller provided for supper. It would be a real hoot of a bad joke, he thought to himself, if Kitty lived but he died before he came to trial. Not only that, Harlow would be free to carry out his plans for Kitty. There was no time for any more self-pity or guilt pangs. Survival at least to the end of his trial was imperative and that took both sustenance and a strategy.

"The way I see it," Matt said between sips of coffee, "I don't stand a chance with a jury. You and your wife may sense something's not quite right about the evidence and Harlow's story, but this town doesn't know me, or that two-bit gambler. From what I've heard about him, I'll stand a better chance with Judge Blundt. His reputation is that of a hard, but fair judge."

"I'll talk to the judge as soon as he arrives Wednesday afternoon. You want me to find you a lawyer or send for one from Dodge?"

"Nope. I don't want anyone but me to know everything that happened before my trial."


	4. Chapter 4 - Doc Arrives

Chapter 4 – Doc Arrives

Matt Dillon left the town blacksmith Quint Asper in charge of protecting Dodge City's citizens with instructions for Festus Haggen and Sam Noonan to help if necessary while he conducted business in Abilene. Kitty Russell, now that the cattle season was over for another year, took advantage of the business lull to go on a shopping trip to Topeka where items that could only be ordered from a catalog in Dodge could be physically handled. Doc Adams sat at a table in the Long Branch relaxing with Quint over a couple of beers on a quiet Wednesday evening during the first full week in September. The physician joked that Festus hadn't managed to wreck anything yet, but deep down he hoped nothing serious happened before the marshal and saloonkeeper returned.

"There you are Doc," Barney the elderly telegraph operator announced before handing him an envelope. "This just came in from a Sheriff Miller in Great Bend. He wants an immediate reply."

"Barney, I've got to read it first. Give me a minute."

Doc scanned the short message and passed it along to Quint. Then he turned back to the anxious telegraph man.

"Tell that sheriff I'll be in his town on the first available transportation from here, the midnight stage. What are you waiting for? I gave you the reply, send it!"

Worried as he was by the message, Doc couldn't idle away the time waiting around for the next day's train that would bring him to Great Bend an hour earlier than tonight's stage. He had to do something immediately. Therefore, as soon as Barney exited the batwing doors, Quint and Doc rose. They motioned for the bartender to join them at the far end where nobody would hear what they had to say. Sam nodded solemnly and joined them as soon as he was free to hear the details of their plans in light of the situation.

"I'll spread the word to Festus, while you buy our tickets. That should give us just enough time to pack a few things."

"Quint while I'd enjoy your company on the long stage ride, do you really want to leave Festus in charge? Besides, there's no reason for you to come."

"I'm not gonna argue with you, Doc. Someone has to ride Matt's horse back so he won't owe accumulated stable fees. Festus can handle things in Dodge for a few days, especially with Sam's help."

The two men boarded the midnight stage to Larned and caught the connecting stage to Great Bend early Thursday morning after a few hours sleep. By eight that evening they were in Sheriff Miller's office. The lawman, occupied with placing Matt's half-eaten supper tray on his desk to take home with him once his deputy arrived to take over for the night, looked up at the sound of them entering, his hand reaching for his sidearm. However, he relaxed once the two men from Dodge City introduced themselves, but not enough to no longer block the door to the cells in back.

"You meant it when you said in your wire you'd come immediately. I'd let you talk to my prisoner first Dr. Adams, but he made it perfectly clear he wants you to go directly to Miss Russell and remain with her. I don't know if he'll want to see you Mr. Asper, but I've no objections if he does."

"I take it you sent that telegram Sheriff at Matt's request. I don't know what else he told you, but whatever it was, you can't seriously believe he would ever harm Kitty. On the other hand, I have no doubt he'd lose his temper if he found a man beating a woman in an alley, any woman. The fact it was Kitty would make it even harder for him to keep his anger under control."

"What I think Doctor doesn't matter. I have to go with what I saw and what the law tells me I must do. You'll find Ben's, that is Dr. Wilcox's, office and home across the street next to Hadley's Hotel."

When Doc and Quint entered they couldn't see the open door between the office and the cells. Rick Miller hadn't bothered to close it. He wanted the US Marshal he'd placed under arrest to hear the conversation with his Dodge City friends and the doctor leave to do what he could for the woman he now knew to be Kitty Russell, owner of the Long Branch Saloon. At the sound of the outer door closing Matt called out for Quint. Miller, after frisking the Dodge blacksmith and relaying his rules, stood at the still open inner door listening.

"Matt, do you have any idea how Kitty's doing? Maybe I could convince Sheriff Miller to sneak you up to the local doc's office to see her?"

"Don't bother, Quint. Even if Miller believes what little I've told him, he can't let me near her. He won't be able to turn away the next lynch mob so easily if he does. She needs Doc more than she needs me. I sent for Doc, but why'd you come?"

"Can't a Comanche help a friend out as a witness at his trial? Besides, someone has to bring your horse with most of the things you took with you home. Doc did some thinking along those lines as well. He packed a carpetbag with a couple changes of clothes for you so you can be presentable in court and during the ride back to Dodge with him and Kitty."

"I'll have to thank him, but the chances are that trip won't happen. Miller told me she's still unconscious. There's a good chance Judge Blundt will believe Harlow unless Kitty not only lives but remembers enough of what happened to counter his testimony. Anything else and it won't matter anyway. Take my horse and whatever else you can and go home Quint."

"I will Matt. Just don't give up hope."

"As long as she's alive there's a chance the full truth will come out. If she dies all bets are off," Matt added as Quint left for the outer office.

Meanwhile Doc had crossed the street and reached Dr. Wilcox's office door. He knocked.

"Come in. Door's open."

"Doctor Wilcox, I'm Doctor Adams. I'm here to as much as I can for Kitty Russell so you can devote your time to Dean Harlow. Perhaps the presence of her personal physician will help her recover."

"Rick Miller must have sent you over here. He told me his prisoner wanted you here. You must be a close friend of both the prisoner and my female patient to come all this way at such short notice. Perhaps your presence will make a difference to Miss Russell. Her condition is grave. By all means, do what you can for her. Mr. Harlow seems to be on the mend, but she remains unconscious."

Doc turned his head enough to glare at the cot containing the sleeping Dean Harlow as Wilcox led him past. His heart was in his throat as his host opened the door to the back room where Kitty lay in bed. She looked so battered he wasn't sure what he could do except be by her side and keep her as comfortable as possible. Doc sat on the chair by her side willing the other physician to leave. Instead he began to talk.

"The depravity of the beast who could do this to a woman appalls me. He can't rightly be called a man! I see by your face that you agree. We doctors out here on the frontier come across the depths to which men can sink far too often. What surprises me, besides sending for you, is Rick's prisoner made no attempt to escape while I was checking him over for any lasting affects from our sheriff bending a pistol over his head. All he did was sit mostly silently with his head bowed. I don't mean to imply he felt any remorse or that he believed his actions were deserving of the severest punishment the law allows. Neither is the case. If anything, despite his questions about Miss Russell, he seemed resigned to his fate."

"I too despise any so-called man who would beat a woman to the point of death, but, unlike you, I know Matt Dillon didn't do this to her. It's not in his nature. He feels no remorse because the only one he beat was Harlow. Had I been in his place, I'd want to kill that animal as well. Since his arrest the lawman in him has taken over. He'll accept whatever the law decides, but the man remains underneath it all. The guilt he feels for arriving too late to save her, even though he had no control over it, will remain with him no matter the ultimate outcome. If she fully recovers, he'll gradually, with my and particularly her help, come to terms with it. She means that much to him."

"I assume you know them both well. Otherwise you couldn't possibly be willing to ignore the evidence."

"I've known Matt since he was a boy verging on manhood and Kitty since she was hardly more than a girl. They're the two people I'm closest to and I'll do anything in my power to help them. Right now that means using all the skills I possess to save her life because I care for her and because, if I don't, no testimony I give in court will save his. Don't take this wrong Doctor, but l get out! I've got a couple of lives to save that I can better do on my own, starting with Kitty's."


	5. Chapter 5 - Vigil

Chapter 5 – Vigil

Once Dr. Wilcox departed the room, Doc began a careful examination of the young woman lying comatose in the bed. As he proceeded with his poking and prodding, checking her pulse and listening to her heart and lungs, he softly chatted as if she could hear him. As much as he wished otherwise, he had to agree with his colleague's assessment. There was a good chance Kitty Russell would never awaken.

She was a mass of bruises from head to toe, but the only broken bones appeared to be two or three cracked ribs. From looking in her eyes he could tell repeated blows to the head had caused a concussion. Doc had no way of knowing for sure if there was any internal bleeding or damage to her other organs, but her heart and lungs appeared to be undamaged. Her pulse was faint and slow, but steady, as was her heartbeat and her breathing was normal, if a bit shallow.

Doc was still sitting by her side, holding her hand and whispering assurances when there was a soft rap on the door. Startled from his reverie, he became aware of voices in the outer room and someone wishing to speak to him.

"This had better be important," he grumbled. "Come in, but try not to disturb my patient."

"Doc, I just wanted to tell you I'm leaving before dawn with all Matt's belongings except his gun and gun belt, hat, coat and a couple of changes of clothes and shaving gear. It's all down at the jailhouse along with the carpetbag you brought for the trip home. Mrs. Miller said she'd launder them when he was ready to put on something clean. I gotta say Matt's looking about as scraggly as Festus. How is she?" Quint added looking down at Kitty.

"Not good. If only she'd come to, even for a minute or two. I'd tell you to stay if I thought it would make a difference, but at least by leaving now you might get back to Dodge before Festus destroys it. What does it matter if there are two of us or only one to vouch for Matt's character? Fact is, the only person who could change the odds to be in Matt's favor is lying in this bed."

After Quint left, Doc continued his vigil at Kitty's side, alert for any change at all in her condition. Before turning in for the night in the main part of their house, Ben and Melinda Wilcox brought in a cot and bedding for him to catch whatever sleep he thought he could. Although the bed was only a few feet away, Doc remained in the chair holding Kitty's hand, trying to reassure her, and if he were to be honest, himself, that she and Matt would be fine. Despite his worry, he fell asleep.

The physician jerked awake, which was his first inkling that he'd dozed off. He didn't know for how long. It was still dark so it couldn't have been more than a few hours. Then he felt it. Kitty squeezed his hand.

"Honey, I'm right here with you, but I need to turn up the lamp so I can pour you a glass of water. Sip it slowly," he said when he returned to her side to hold her head up with one hand while he brought the glass to her lips with the other.

Dr. Adams gently laid her head back on the pillows after a few sips. Her eyes remained open a few seconds longer but they were unfocused. All too soon she lapsed back into complete unconsciousness. Still, it was the first positive sign he'd seen since he sat down next to her seven and a half hours ago, if his watch could be believed. He again listened with his stethoscope and checked her pulse just to be sure she really was improving. Her breathing was still shallow but steady, her pulse and heartbeat, on the other hand, were definitely stronger. Even so, Doc resumed holding her hand rather than trying to catch a few hours more sleep on the cot.

He must have fallen back to sleep despite the uncomfortable position because he was awakened by someone knocking on the door. It was Mrs. Wilcox, accompanied by a woman he hadn't seen before carrying a breakfast tray.

"Thank you, but I don't know that I'll eat any of it before it gets cold. Who are you by the way?"

"I'm Mrs. Purvis Doctor. My husband and I run the café just the other side of the hotel. I came by to see when my brother could be moved to our home and to see what I could do to help care for that poor woman who was accosted by that devil."

"Has there been any change since Ben and I turned in last night, Doctor Adams? Eleanor's husband Colin will be by after the breakfast rush to help move her brother to their home," she added, nodding toward the other woman as she spoke.

"Mrs. Wilcox, I didn't realize your husband had another patient besides the one in the next room. Just why are you telling me this?"

"Dr. Adams, we don't have a third patient. Mr. Harlow is Eleanor's brother. Ben feels he's strong enough to walk the few yards down the street with assistance after last night's healing sleep."

I'm sure you're a good woman Mrs. Purvis, but you should concentrate on doing what you can for your brother. Kitty and I don't need your help. If anybody is the devil here, it's your brother!"

Eleanor Purvis stalked out of the room in a huff, taking the breakfast tray with her. Doc nodded at Mrs. Wilcox before focusing completely on Kitty again. She was so still he wondered if he'd dreamt her momentary semiconscious state, but the proof was there. The lamp was still turned up and there was a measurable amount of water missing from the glass on the table by the bed. Satisfied, he checked her vital signs yet again before returning to simply sitting on the hard chair, holding her hand while speaking softly to her.

Throughout the rest of Friday Kitty experienced ever-lengthening periods of semi-consciousness. That night she seemed to sleep normally. Early Saturday morning she awoke fully, her eyes focused on her dear friend.

"Doc, where am I? How did I get wherever here is? I thought I heard Matt's voice. Where is he?"

"Slow down young lady. You need to rest, not worry about your current surroundings or if Matt's nearby. The important thing is for your to get well. Do you think you can eat a little something? I'll ask Doctor or Mrs. Wilcox to bring you a bit of food. You're in the room he sets aside for his seriously ill patients. You scared us all, but thanks to your highly skilled personal physician, you'll fully recover as long as you do what I tell you."

Kitty managed a soft-boiled egg and a spoonful of mush from the breakfast Melinda Wilcox brought from her own kitchen. By mid-day she was hungry again, finishing the beef broth Doc spoon fed to her. He was pleased. She was so much stronger than she had been earlier in the day. Even so, she mostly slept. It was her waking moments that bothered him. He didn't want her to think about the beating she'd been subjected to just yet or the man who came to her rescue at just the right moment. There was still time before Matt's trial for her to remember what she could about that. Meanwhile her recovery would go smoother if she didn't know he faced a trial or why.

Kitty woke briefly to eat another soft-boiled egg with toast for supper. She was still hungry so Mrs. Wilcox brought a small dish of custard from the Purvis' café, which Kitty ate before she began to feel drowsy. Doc added some powders to a glass of water before she nodded off that would keep her asleep until Sunday morning.

Since Dr. Wilcox promised to get him if there was the slightest change in her condition, Doc felt he could step away from Kitty's side long enough to tell Matt the good news. He left for the jail as soon as Ben entered the room to temporarily relieve him of his vigil.

"How could you leave her?" Matt growled upon Doc's arrival at the jail cell. "Is she?..."

"They have a pretty competent doctor in Great Bend, for your information. He's watching her while she sleeps. Kitty's gonna be fine in time, Matt."

"That's the best news I've heard since I came to this town. Miller, come in here. There are things I've got to do and I need both you and Doc in order to do them."


	6. Chapter 6 - Best Laid Plans

Chapter 6 – Best Laid Plans

"Your wife should be happier with me when she brings over a tray this evening. Mrs. Miller wouldn't be planning on steak with all the trimmings, would she?"

"No, it's chicken. Evelyn's a good cook, but the only way she fixes beef is in stew. The café usually provides meals for the prisoners, but even they only fix steak when it's a last meal. Actually you're eating better than what the town pays them for food, but in your case they refused to send over even stale bread."

"Why? They have a particular hatred for suspected woman beaters even if he hasn't been tried?"

"Mrs. Purvis is Dean Harlow's sister," Doc replied. "I learned that when she stopped by to let Dr. Wilcox know her husband would be taking that piece of trash to their house. At least he's no longer in the room next to Kitty."

"That's not all of it," Sheriff Miller added. "Colin Purvis led the lynch mob the other day. He believes his brother-in-law's version of things, or at least his wife does and he's going along with it. No never mind that he knows what their family life was like from when he was courting Eleanor. Saying her father was a strict disciplinarian hardly covers it. Colin got drunk enough one night after they lost their baby last year to disturb the peace and told me all about it as I was escorting him home. He thought the regular beatings she suffered growing up might have had something to do with her miscarrying. Eleanor was meek and obedient like her mother, but Dean was rebellious. When the ever harsher and more frequent beatings didn't mold the boy into exactly the son he wanted, the father kicked the 13-year-old out. Dean survived however he could."

"What's Harlow been saying?" Matt asked when the sheriff stopped talking. "What am I up against?"

"He claims he and Miss Russell planned to meet here. You somehow found out about it and beat her nearly to death before he could come to her rescue. Then you nearly did the same to him before I stopped you by parting your hair with the barrel of my pistol."

"Anyone who was in Dodge when Harlow was in town can cast doubt on his version, but even Sam Noonan, her head bartender, couldn't say for certain she didn't change her mind about spending time with him. As long as he doesn't know what Kitty might say in court she's in danger. Don't leave her alone for an instant."

"You can rest easy on that score Dillon. Miss Russell will be well protected. She could be the key witness. On the other hand, we don't know if she'll be able to testify at all."

"I know that! It's the reason I want to get one bit of business taken care of before I tell either of you anything more. You got a pencil and paper? It won't take long. With my job, I should have done this long ago."

The two men outside the bars patiently watched while the man on the inside wrote furiously with the pencil on the pad Sheriff Miller had given him. A few minutes later Doc took the pad and pencil Matt handed him through the bars and glanced at the no longer blank top sheet. Deep down he knew his friend should have written one of these years ago. There were always men after him. A last will and testament under the current circumstances was only to be expected. Doc penciled in his signature as witness at the bottom and handed everything over to his companion. After reading and signing the document with the pencil Miller locked it away in the safe with the prisoner's badge, gun, gun belt and money.

Matt left his buckskin gelding and spare revolver to his former assistant Chester Goode, his books to Doc, the whiskey in his office cabinet to town drunk Louie Pheeters, any spare tack and spurs to Festus, his shotgun and Springfield rifle to Sam and most remaining items to his executor and best friend Frank Reardon. Despite knowing Matt Dillon better than anyone except perhaps the redheaded saloonkeeper who came into his life over ten years ago, the final items gave Doc pause. He'd first encountered the now famous lawman while treating the then newly orphaned teenager for a beating as severe as the one Kitty recently received just over 20 years ago when Dodge City was a mere crossroads gathering place for traders, fur trappers, mountain men and buffalo hunters anticipating the coming railroad so he knew how much meaning those items held for the man. Matt's mother's matching pendant necklace and earrings and her wedding ring were bequeathed to Kitty Russell.

"Your will is locked away with the rest of your belongings in my safe," Sheriff Miller told his prisoner when he returned to the cell from his office. "Now that that's taken care of are you ready to talk a bit more about your side of things?"

"Yeah, almost. I may not be facing murder charges anymore, but I'm still in serious trouble. I've made enemies. There are folks who believe I deserve a death sentence. Doc, use your judgment as to when to contact Frank to execute my will and my funeral and burial. Miller, I won't reveal any details about my defense and testimony to prevent Harlow from getting wind of it and using it to his advantage."

"I need something more than what you've already said to tell the judge. He'll want to know who your witnesses will be at the very least."

"Miller, keep what I'm about to say to just you, Doc here, your wife, your sister-in-law and Dr. Wilcox. I expect the judge will call Doc. My witnesses are Mrs. Purvis and then me. I'd appreciate it if Judge Blundt calls Kitty as the absolutely final witness. Most important, nobody can know what she remembers and she can't know I'm the one on trial or that there even is a trial until she's in the courtroom. I know what I'm asking will be especially hard on you Doc, but I insist there always be at least two people with her. It's the only way to guarantee her safety and that her testimony won't be compromised."

As he walked back toward the Wilcox home on this quiet Saturday evening worrying about his two dearest friends, Doc reflected on the last thing Matt said. If she didn't remember enough Matt would probably be convicted and sentenced to prison. Given that outcome he could very easily be killed before leaving Great Bend or during transport to Leavenworth and Kitty would think it was her fault. That was bad enough. Even worse was the thought that despite precautions someone might try to prevent her from ever getting to the trial or find a way to discredit her testimony. Both his friends could wind up dead or at the very least guilt stricken. Doc quickened his pace.


	7. Chapter 7 - Final Preparations

Chapter 7 – Final Preparations

Kitty awoke a few minutes before Doc returned from visiting Matt in his cell. She was propped up in her bed starting in on a fried chicken supper that Evelyn Miller had just brought her. Upon entering her room he gave her a quick peck on the cheek and without thinking about it checked her pulse. Satisfied, he stepped away to confer with Esther and his hosts in the farthest corner of the room. Quietly, the Dodge City physician explained their part in Matt's plans. The quartet agreed on a schedule they would follow to insure his patient's continued recovery without revealing what they knew or learning how much she remembered. Their plans made, Ben Wilcox left with three portions of the supper his sister-in-law cooked for her husband, his prisoner and him to eat at the jail. Meanwhile, Evelyn and her sister, who Doc and Kitty, having become friends over the past few days, now called Linda, ate their meals with Kitty.

Dr. Wilcox carried the empty trays from the jailhouse to his house before escorting Evelyn home to help with washing the dishes from six people and carry the small satchel his sister-in-law put together for her overnight stay in the room set aside for long-term patients. Linda and Evelyn were assigned the overnight shift, which they felt was the least dangerous time. However, before the two men left for the main part of the house to sleep, Doc gave Kitty sleeping powders. He wanted her to get as much rest as possible and not put too much of a burden on the sisters by giving them the opportunity to sleep at least half the time on the cot that remained in the room. Come morning, close to the time Kitty awoke, one of the doctors would relieve one of the women. As an added precaution, at no time would Dr. and Mrs. Wilcox or the two doctors be on duty together.

Rick Miller had his own plans. He knew Matt Dillon wouldn't try to escape, but he wasn't so sure some of his town's citizens might not take the law into their own hands.

"Tom, Evelyn's staying with my in-laws until the trial so I'll be sleeping on the cot. I'd appreciate it if you'd take care of the evening rounds while I guard the prisoner. Dillon has acquired quite the reputation in these parts and due to the nature of the crime feelings are running high," he told his deputy. "We'll leave the door to the cells open, but when you return from rounds I want you to lock all the outer doors and remain awake at the office desk. You can catch a few hours sleep tomorrow morning, if you don't mind missing the parson's sermon."

There would be no church for Doctors Adams and Wilcox, who had talked medicine late into the night. Since the guest room bed was far more comfortable than the cot in Kitty's sick room, Doc was still asleep when morning came. The younger man decided to bend the rules they'd adopted by relieving his sister-in-law to see to feeding the men at the jail while his wife surprised their guests with a hearty Sunday brunch. He didn't bother to close the door between his home and office since his wife would very shortly be going back through it and Evelyn would soon return. Kitty was still asleep so he stayed busy at his desk until Linda and Evelyn returned.

Mr. and Mrs. Colin Purvis were regular churchgoers. Today, however, Colin arrived alone at the church door, but early enough to save seats for his wife and her brother. Dean's condition had improved greatly in the past couple of days, but it worried him that the man wanted Eleanor to accompany him to see Dr. Wilcox before church. Perhaps he wasn't healing as well from the beating at the hands of the big man locked up in Sheriff Miller's jail as it appeared. Colin stood several blocks away outside the church and watched the rest of his family go through the always-unlocked doctor's office door before he entered the church. Shortly afterwards, Ben Wilcox became aware of a commotion by the door to Kitty Russell's sickroom involving Linda, Evelyn and a very loud, belligerent Dean Harlow.

"I've got to know Miss Russell's condition. It's my right Mrs. Wilcox, Mrs. Miller. You can't believe I plan anything improper. If I did, I wouldn't have brought your friend, my dear sister Eleanor."

"She's asleep and can't be disturbed. She still sleeps most of the time. Ben and Doctor Adams say it's the best thing for her if she's ever going to fully recover."

Ben moved from his desk toward the door his wife was so far successfully blocking just as Doc, awakened by the smell of biscuits baking and the noise, emerged from the open door leading from the Wilcox living quarters. Seeing what was happening, the older man with surprising speed passed his host. At the same time Harlow burst through the human barrier the two sisters had erected in the doorway, awakening Kitty, who was overcoming the effects of Doc's powders.

"Kitty, let me carry you away from here. There's no telling when that maniac might finish what he's started."

"You stay away from her! She needs calm, not some oaf dragging her away," Doc declared as he took Harlow by surprise and shoved him out of the room.

"Harlow, my colleague's right. Miss Russell is best off staying where she can get the rest she needs. Eleanor, take your brother home. This excitement can't be doing his recovery any more good than it is our resident patient. There's no cause for worry. Sheriff Miller is making sure of Miss Russell's safety."

"Dean, perhaps it's best you listen to Ben. Come along to church. Rick Miller is a good peace officer. He won't allow anything to happen to your Miss Kitty," she added leading her brother out of the Wilcox home and office.

"Whew, that was close," Doc whispered into Ben's ear before continuing to Kitty's bedside.

"Doc, I remember. I need to tell you and the local law. Sheriff Miller was it?"

"No you don't, young lady. Listen to your personal physician. What you remember will keep until after Wednesday when the circuit judge comes through here on his regular rounds. Meanwhile, it would be best if you complete your recovery somewhere that's not so accessible. Ben, Linda I believe you have a second guest bedroom. In my opinion Kitty's strong enough to be moved that short distance if someone carries her."

"I'd be happy to do that Doc. We'd hoped to turn that room into a nursery but since it's not needed for that purpose right now the room will do just fine once Linda readies it up. I'll be glad to carry Miss Russell there."

"Mrs. Miller, would you be so kind as to let the law know where Kitty's been moved? I'm sure Rick would like to know everything. It might help him determine who's really responsible."

Despite Kitty's more secure location, her protectors made only minor changes to the schedule they'd devised in accordance with Matt's plan. That first day in the main part of the Wilcox house they left her alone for short waking periods and while she slept. She immediately seemed stronger so Doc allowed her to spend time walking around the room or sitting by the bedroom window, which faced the rear of the house beginning that afternoon. By the next morning she was able to walk with assistance to the washroom. On Tuesday she walked down the stairs by holding onto the rail and Doc's arm into the main part of the house to enjoy supper with him, Linda and Ben.

While Kitty was regaining her strength Sheriff Miller did what he could for his prisoner. Harlow's near success at gaining access to the beautiful redhead clearly upset the man locked in the cell, although Matt Dillon tried to hide it. As Doc suspected would happen, the incident increased Rick's doubts as to who was really responsible. However, it also increased his anxiety that another lynch mob might form before the trial. He was certain only that those protecting Kitty Russell and Matt Dillon were wiling to sacrifice their lives if necessary.

Therefore, Rick felt confident leaving the jail in Tom Chalk's hands on Wednesday afternoon while he met the stage carrying Judge Blundt. It arrived only 15 minutes late at three. Following the usual greetings, the sheriff walked with the jurist into the hotel room that was always reserved for his periodic visits.

"I'm sure you've taken proper precautions. Marshal Dillon isn't your ordinary alleged assailant. I know him more by reputation than personal experience, but I did send telegrams to those who might know him better. They range from the Kansas Governor to all the other Kansas officials and the leading citizens of Dodge City. What they had to say in reply will definitely influence my ultimate decision. Needless to say, I did the same with Miss Russell no matter which side her testimony, if any, falls on and his chief accuser even though that wasn't as easy. Dean Harlow has moved around a lot since leaving his family home."

"I'm glad you didn't contact his family, Judge. Matt Dillon wants Eleanor Purvis to testify without any forewarning. She's Harlow's sister. There are some names of people who might be biased I need to draw your attention to. Dr. Adams, who's a witness, and Quint Asper are of particular interest. Dillon fairly insisted the Dodge City doctor treat Miss Russell. Asper, the town blacksmith, is also a close friend of Dillon and may have painted a more favorable picture of the man then is generally held. My prisoner sent him back to Dodge with those belongings he won't need any time soon, no matter the trial outcome. Also, I'm submitting Matt Dillon's will that Dr. Adams and I witnessed as evidence. You'll find the names listed and what he wants them to have could have a baring on the case."

"That's most interesting. It seems a great deal has transpired since you wrote requesting I arrive as soon as possible to preside over this trial. Does Mr. Dillon still plan on conducting his own defense? Has he provided any specifics?"

"He still doesn't want a jury. He'd like you to question the witnesses directly rather than a prosecutor, which we don't have locally. Our one local lawyer is more familiar with land transfers than prosecuting major felony charges. Naturally Dillon hasn't told me any details of his defense, but he did specify he wants Mrs. Purvis called to the stand just before he gives his testimony and that Miss Russell is to be the absolutely final witness. He also made it clear he doesn't want her anywhere near the courtroom until after he's testified on his own behalf and left the witness chair."

"What precautions have been taken to ensure her testimony is based solely on her memory of the crime? Has there been any attempt to influence her? Just how much does she know?"

"We've kept her with Dr. Wilcox, his wife, my wife and Dr. Adams. I never questioned her like I did Harlow. From the beginning Dillon made it clear he didn't even want her to know he was the one on trial or that he was even here in town. To make sure nobody let any information slip he asked, once she was awake, that two people be with her whenever she's awake. Dillon figured out that if she started to say what she knows, one of the two with her would tell her to hush up. That way nobody could say her testimony was influenced. Despite that, Harlow almost got to her so she's been moved into the interior of the Wilcox home."

"You can tell your prisoner I'll abide by his requests. I'm also satisfied from what I was able to learn of her character, especially with the precautions set in place, that Miss Russell's testimony will be untainted and might very well be the deciding factor in my decision. The trial will begin promptly at nine tomorrow morning in the hotel lobby."


	8. Chapter 8 - Trial Beginnings

Chapter 8 – Trial Beginnings

AN: Thank you to all the guests for posting their insightful and flattering reviews. Sorry that I can't thank you personally. Debbie W, I agree that Matt would make a great lawyer. In the Season 20 plus 4 years novel that was the first story I posted on this site back in 2012 he became a judge following his retirement as marshal.

Matt Dillon sat on the cot in his cell deep in thought. Had their positions been reversed, he would have arrested Sheriff Miller. Lawman or not he was a stranger found beating a man half to death while an obviously beaten woman lay unconscious on the ground further into the alley. A local jury was bound to convict him of both assaults, especially since Harlow had family in town. Yet there were no solid grounds for moving the trial elsewhere. He could imagine the headline in the local paper: "Great Bend. Kansas, September 13, 1876 – Former US Marshal given ten years in Leavenworth!" His only chance, such as it was, lay with Judge Blundt. Despite his reputation as a hanging judge, if the charge was murder, and a tendency toward harsh sentences for lesser charges, his rulings weren't arbitrarily harsh. If he thought the accused had sufficient reason for his actions but lost emotional control, he'd take that into account.

Having lost what little appetite he had, Matt glanced at his rapidly cooling, supper sitting untouched on the stool since Evelyn Miller brought it 20 minutes ago. She was a good cook, but instead of eating he paced the small area of the quiet jailhouse he'd been locked in for a week. He knew he wasn't alone, but what could the local sheriff and his deputy do to protect him from a determined lynch mob? He stopped his pacing when he heard footsteps.

"Sorry I took so long. After Judge Blundt agreed to everything you asked for I spoke with Purvis and his wife. He was a bit upset that she'll be testifying, but Harlow convinced him it would only help get you convicted. By the way, both Tom and I will be here tonight, but I don't expect there'll be any trouble tonight or when I bring you to the hotel lobby for your trial tomorrow."

The night was quiet enough after Sheriff Miller removed the mostly untouched tray of food and equally ice cold cup of coffee. Finally, Matt's stressed mind and body succumbed to exhaustion during the wee hours, but not for long. At dawn his mind woke him as it focused on everything that might go wrong. He sat up when he heard footsteps heading toward his cell. It was Evelyn Miller carrying a breakfast tray, followed closely by her husband.

"Mr. Dillon, I've brought a hearty breakfast. You'll need a lot of fuel to be at your best for your day in court. There's still two hours until your appearance is required at nine so you've plenty of time to eat it and still get ready."

"Dillon, I've learned it's best to listen to Evelyn when it comes to keeping up your strength and making a good impression in a courtroom even if it's only the hotel lobby. I'll bring you your shaving brush and razor along with a basin filled with hot water once you've eaten. When you're done with that you can change clothes. She pressed your change of clothes, including your coat. If you hand over your boots, she'll have them shined by the time I escort you to our temporary courtroom."

While he reluctantly ate Matt mulled over the rest of the Millers' advice. Kitty would be shocked enough without his appearance adding to it. She'd expect him to dress for dinner back in Dodge if it had been two weeks since they'd last seen each other. He washed, shaved and donned the provided clothing. Matt had to admit while tying his string tie he felt better able to face up to her and whatever else awaited him at his trial just as Sheriff Miller appeared at the cell door, keys in hand.

""Pears you're ready. Time to walk across the street for your trial," Sheriff Miller informed him.

"Ain't you gonna cuff me?" Matt asked as Miller ushered him out the cell door toward the office.

"No need. If I've learned one thing about you this past week, it's you won't run away from facing the charges against you."

Despite the hostile looks from those watching the sheriff and his prisoner walk from the jailhouse to the lobby of Hadley's Hotel, nobody made a move to stop their progress. Once inside, those already seated in the makeshift courtroom glared at Matt as the two men walked past them to the little table at the front with a chair facing the desk that sat on a temporary platform. The most hate filled stare belonged to Mr. and Mrs. Purvis and Matt Dillon's chief accuser Dean Harlow. Only Doc Adams showed any sympathy as he gave his friend's right arm a reassuring pat as Matt walked by the Dodge doctor's front row aisle seat. Doc and Ben Wilcox rose to allow Matt to take a seat at the table and Miller to take the aisle seat behind his prisoner.

Bailiff Sterling Hadley stood facing the seated assembly behind the captain's chair to the left of the raised desk that was for sworn witnesses. He was pleased with the arrangements he'd made as hotel and adjoining saloon owner and as the bailiff to keep things running smoothly and profitably for himself. While the doctors Adams and Wilcox sat directly behind Matt next to the sheriff, the remaining two witnesses, Dean Harlow and his sister Eleanor Purvis, held similar seats on the opposite side of the center aisle. Harlow occupied a chair at a table that was a duplicate of the one where Matt sat.

It seemed of Great Bend's leading citizens only Rick Miller's wife Evelyn, her sister Melinda Wilcox and Deputy Tom Chalk were missing. They remained at the Wilcox home with Kitty. The trial of Matt Dillon for attempted murder would begin as soon as the judge took his seat behind the raised desk.

Judge Blundt, a stern, clean-shaven neatly dressed man in his early 50s still had a thick head of light brown hair that was graying at the temples. Matt wondered if the man behind the desk, who held his future in his hands, was actually un-tempered by mercy. The judge rapped the desk with the gavel in his right hand at ten minutes after nine to call for order in the crowded room. Once the room hushed, he called Rick Miller as the first witness.

"Sheriff Miller, now that you've been duly sworn in by Mr. Hadley, please take a seat," Judge Blundt said, indicating the captain's chair to his left. "I'm ready to hear how you came to arrest the accused."

"I was making my rounds before heading home for supper when I saw the accused, Matt Dillon, viciously beating a man I later learned is Dean Harlow, the man seated to my right at the table in front of the chairs. Mr. Harlow filed an assault complaint against my prisoner once he was able to do so. The man was beaten badly enough that at first there was some question as to whether or not he would survive. I'd have to say his chances of survival would have been far less had I not knocked the barrel of my pistol against Mr. Dillon's head."

"Sheriff, I normally don't ask the arresting officer to speculate on the state of mind of his prisoner at the time of arrest. However, the accusations against him are such that they don't fit with his reputation, which, according to my researches, is exemplary, especially in matters of law. Therefore, please provide your opinion of his mental state at that time and upon subsequent observations while he's been in your custody. First off, did he appear to be drunk when you first approached him?"

"He didn't appear drunk. To my mind he was caught up in an uncontrollable rage. Later, he seemed resigned to whatever fate the law decided was appropriate. He showed no sign of remorse for what he did to Mr. Harlow, only pure hatred. That didn't appear to be the case with the other beating victim, Miss Russell. He kept asking after her health. He made no attempt to mount a defense until after it was clear she would live. As a matter of fact, his only request was that I send for Miss Russell's personal physician in Dodge City."

"Thank you. I've just a few more questions for the record. Is it your impression that the accused has more than a passing acquaintance with Miss Russell and the Dodge City doctor? Do you believe he had a history with Mr. Harlow as well? Finally, did he make any special arrangements to which you were privy?"

"When I first asked for his story, my prisoner barely admitted to more than knowing Mr. Harlow reputation as a gambler. He barely spoke at all except to insist I telegraph for Dr. Adams. I'd say Dillon knows Miss Russell and Dr. Adams very well. The doctor was quick to arrive and defend him when it came to the charge against him concerning Miss Russell, as was Quint Asper, the Dodge City blacksmith, who took most of the prisoner's belongings home with him. A further indication of a connection was the designation in his will, to which Dr. Adams I and were witnesses, already placed in evidence, that items of a highly personal nature be left to Miss Russell."

Great Bend's doctor, Ben Wilcox, described the injuries inflicted on both Dean Harlow and Kitty Russell. He agreed that a man of considerable strength had been responsible for the bodily harm inflicted on each of the victims. However, in response to a request for further clarification from the judge, he couldn't say for certain that it was the same man in both cases. He could only say that the man was taller than Miss Russell. His impression of the man accused from the short time in which he examined him in the jail cell was of a man willing to accept the consequences of his actions, especially if the woman died. He did note that the prisoner seemed to hope that the woman would live, but didn't care about the man.

Doctor Adams confirmed Dr. Wilcox's findings concerning the injuries to Kitty. They differed very little except to say her attacker could have been as little as three inches taller than her as long as he was of a muscular build with strong hands and quick reflexes.

"Doctor, while you can't provide testimony concerning whether or not the same assailant attacked both people because you only tended to Miss Russell, you do have unique knowledge of the accused and our absent female victim. Would you please enlighten the court starting with how you first met Mr. Dillon and how long you've known him?"

"Matt, Marshal Dillon, was a newly orphaned boy of not quite 15 fresh off the farm back in the late spring of 1855, some 21 years ago, when his friend's brother and I found him on the bank of the Arkansas River outside what would become Dodge City more dead than alive from a severe beating. He'd tried to defend his friend and a young lady, a girl really, whom polite folks would refer to as a soiled dove if they bothered to speak of her at all. Thanks to my newly acquired medical skills I was able to save his life and also to learn a bit about him while he recovered. He'd absorbed from his parents the deeply held conviction that women and children were always to be treated with respect, never abused, and hitting a woman, let alone beating her, constituted abuse. There's nothing I've seen that has changed my mind since I renewed our friendship when he returned to Dodge City as a US Marshal ten years ago."

"Thank you Doctor. What about your knowledge of Miss Russell and the events that occurred in the town where all three of your reside that immediately preceded her and Mr. Dillon's arrival here? Please confine yourself to what is pertinent to this trial and that you know personally to be true."

"Kitty Russell arrived in Dodge six months after Matt became marshal. She was hardly more than a girl, but seemed older until you got to know her because of all she'd experienced. I came to know her first in my capacity as town doctor and gradually as a close friend. Kitty was one of those soiled doves, but because her life had once been destined to go in another direction, a girl who was determined to better her position and had the brains and strength of character to do it. Two years after her arrival she owned half the Long Branch Saloon and ceased taking men up to her room. Four years later she became sole owner and turned it into the best saloon in this part of the country."

"The court understands her character and position in the community. Please continue your testimony with more recent, relevant events."

"I first saw Dean Harlow on a Wednesday evening two weeks ago when I entered the Long Branch in search of a friend willing to join me for supper. I watched Kitty try to get away from him and then Matt pull him off her, knock him off his feet with a punch to the jaw and tell him in no uncertain terms to get out of Dodge immediately and stay out. We saw him leave on the stage as we left Delmonico's. Both she and Matt seemed quite happy to be rid of him. Two days later Matt left with a prisoner for Abilene and she, putting Sam, her chief bartender, in charge of the saloon, boarded the train to Topeka. I took the next stage east with Quint Asper when I received a telegram from Sheriff Miller that Kitty was hurt and Matt wanted me to tend to her. That would be a week ago Wednesday since the stage got us to town this past Thursday evening. Quint went home on Matt's horse, but I've been treating to Kitty ever since."

"Did Miss Russell say anything to you about what happened to her?"

"When she was only semi-conscious and somewhat confused she asked where Matt was. She thought she heard his voice a few hours earlier. She remembered nothing else until Harlow and his sister accosted her in her sick room at Dr. Wilcox's office, but I stopped her from blurting anything out. Since then we've done our best to make sure nobody influences what she does or doesn't remember. It's what Matt wanted, but also was best for her medically."


	9. Chapter 9 - Accuser Testifies

Chapter 9 – Accuser Testifies

"We have time for one more witness before we adjourn for dinner. Mr. Harlow, I trust what you have to say won't take more than an hour, two at the most. I believe everyone here would prefer to eat no later than one," Judge Blundt declared.

Bailiff Sterling Hadley was pleased this unprecedented, at least for Great Bend, trial would last into the afternoon. He stood to earn his greatest profit ever without taking into account the fact not a room in his hotel was vacant. Everyone with a drinking bent in the crowded courtroom would patronize his saloon for dinner and also in the evening, when he expected a large proportion of those drinkers would turn out to be gamblers as well. The rest would fill his hotel dining room even allowing for those who would choose the Purvis' café in hopes of gaining some juicy tidbit of gossip along with their meal. He smiled as he swore in Dean Harlow.

"Mr. Harlow, would you care to give us an account of events as you see them?" Judge Blundt asked the chief witness against Matt Dillon. "Please begin with your first meeting with Miss Russell and the accused."

"I'd be glad to, Judge. I arrived for my first visit to Dodge City back on August 28, near two and a half weeks ago. It was a Tuesday if I recollect right. That first day I didn't do much more than see where things were, eat and get a good night's sleep. Business could wait until I found the right opportunity for my talents. I found it the next afternoon playin' poker in the Lady Gay, but it seems some at our table didn't cotton to my style and the marshal, the man on trial, backed them by kicking me out of the game and givin' the money I'd one to the other players. He had no call to do that from what I could see then. Now I believe it was 'cause he'd seen me talking up a red haired woman earlier in the General Store and didn't take kindly to her maybe fancyin' me. Having no place in particular to go, I eventually moseyed over to the town's classiest saloon, the Long Branch, coincidently owned by that same redhead, Miss Kitty Russell. We were gettin' along fine until Dillon knocked me to the floor with a blow to my jaw from his right fist and told me I was no longer welcome in his town. I managed to leave a note with the barkeep on duty for Kitty to meet up with me the next day before catching the stage Dillon insisted I be on."

"Was this planned meeting somewhere in Ford County? When and where did you next see Miss Russell?"

"Nah, I didn't think it safe for us to meet in Dillon's home territory, but things didn't quite work out. I'd arrived early Thursday afternoon, but barely had time to do more than see her in passing when her train for Topeka pulled into the station here in Great Bend. Still it was long enough for me to secure a second room in this hotel to maintain the proprieties for our tryst during her return trip from Topeka the following week. I kept mostly to myself until that time, except for an occasional game of poker. Later, after Kitty agreed to be my bride, I'd offer the appropriate introductions to my sister Eleanor and her estimable husband Colin Purvis. So as not to alert them prematurely to my arrival I made sure not to frequent their eating establishment or be anywhere else Eleanor might see me."

"I know recalling these events must be painful for you, but justice must be served. What occurred on the night of September 5?"

"Thank you for your sensitivity Judge. I left yet another poker game to meet the nine o'clock stage from Topeka by way of Salina. I could see my lovely redhead looking out the window as it pulled into the depot at 9:10. I rushed inside this hotel to arrange for her considerable number of bags to be brought directly up to her room once the stage depot porter delivered it. Then I returned to escort my beloved to her room, but Dillon must have spotted her and dragged her into the alley between the two buildings in the meantime. I reckon he used his considerable power within the State to learn the details of her trip. Back in Dodge on August 29, the day I was forced to leave, I thought I saw him lurking by the train depot to scare the station manager into revealing her plans, but until the evening of Wednesday September 5th I thought my fears concerning Kitty were playing tricks on my eyes."

"Please continue, Mr. Harlow. What was transpiring between Mr. Dillon and Miss Russell in that alley?"

"He was pummeling her something awful and she was trying her best to pull away from him and even strike back as best she could, but he was too strong for her. His blows rendered her unconscious. To my horror before I could reach her she'd fallen to the ground where he continued to kick her head and body. I used all my strength to pull him away. That's when he left off his attack on her and began to punch me with all he had. Given his larger size and the ferocity of his attack, I was no match for the madman, who by this time was claiming he'd see me dead as well. The next thing I knew I was in Dr. Wilcox's office where I gave my account of the events to your estimable sheriff."

"Thank you, Mr. Harlow. Mr. Dillon, do you have any questions for this witness?"

"Nope. I prefer to leave his testimony as is and let the remaining witnesses uncover where the truth lies."

"In that case, you may step down Mr. Harlow. Court will reconvene at two when Mr. Dillon will call his first witness. Sheriff Miller, please escort the accused to the secluded table Mr. Hadley has so kindly provided."


	10. Chapter 10 - Final Witnesses but One

Chapter 10 – Final Witnesses But One

"Judge, I refuse to be questioned by that animal!" an irate Eleanor Purvis shouted from the witness chair before Matt could ask his first question. "The fact that poor woman hasn't always been respectable is no excuse for the callous disregard shown to her and my brother by permitting the beast who beat them both to harass honest folk. It's bad enough that so-called doctor friend of his claims he's incapable of doing what the rest of us know he did."

"Your opinions on how I run this courtroom are irrelevant, Mrs. Purvis," the judge interjected, pounding his gavel for order, as she finally took a breath. "Any further outbursts and you will be in contempt. Do you understand? Proceed, Mr. Dillon," he added when she nodded her head yes.

"I understand from what Sheriff Miller told me your husband Colin Purvis took you away from an at best unhappy life in your parents' home. What happened that led to Dean Harlow being thrown out of your father's home at 13?"

"Papa had very definite ideas about his rights as head of household and the behavior of his wife and children, which he strictly enforced," Mrs. Purvis began after a piercing look from Judge Blundt persuaded her she had no choice but to answer. "Mama and I tried our best to comply, but nothing papa did had any effect on Dean. My brother knew his ability to work long hours on our farm west of Lawrence was far too important for his punishment to incapacitate him for more than an hour even if he shirked those chores in favor of what he wanted to do at the moment more often than not. Although by the spring of 1858 he'd already been pulled out of school so he could do more on the farm, Dean went off to town to celebrate his 13th birthday with the friends he'd made. When he finally came home Papa grabbed him, stripped off his shirt, tied him over a barrel and hit him as hard as he could with the beatings strap and his fists. Despite the severe beating Dean sassed papa instead of admitting his disobedience. Papa struck him until his whupping arm tired and he finally untied him. Then he threw Dean's shirt at him and told him he could crawl off to make his own way with just the clothes on his back. Judge, what's my and my brother's childhood got to do with this big lug being sent to prison?"

The spectators wondered the same thing. They'd come to see the man on trial get what was coming to him. Whether or not the man he'd beaten was a rebellious son or the woman he'd nearly killed was a saloon girl didn't signify. Judge Blundt banged his gavel for order as some of the men rose from their seats, Colin Purvis among them, intent on their own brand of justice. A glare and drawn pistols from Sheriff Miller and temporary Bailiff Sterling Hadley succeeded where the judge's gavel couldn't. Matt Dillon was allowed to continue for the moment.

"Mrs. Purvis, why was your brother so rebellious? Was there something in him that said your father was wrong in how he treated the entire family or only him?"

The woman hesitated to answer again but finally complied after another glare from Judge Blundt. "Only Dean was exempt from papa's wrath. Mama and me belonged to papa to do with as he pleased. Like papa Dean expected total obedience from womenfolk. He was young but full-grown when Quantrill come through in '63 and used to living by his wits gambling, stealing and such. Successfully hiding out from those bushwhackers and the Union Army only made him more confident. He learned to control women and girls so they'd help him without question. If she already had a man, he expected that man to step aside until he was through with her, but would fight him if he had to."

"Did your brother tell you and Mr. Purvis anything about Miss Russell? If he did, was it before or after the beating?"

"Dean didn't keep in regular contact after '63, but did come to my wedding right after the war and sporadically let us know where to find him. We didn't even know he was in town until the paper reported the beatings. When he come to he told us how Miss Russell was his from the time he met up with her in Dodge City whether or not she wanted him as much as he did her. He told us he planned to settle down to raise a family with her once she promised to honor and obey him for the rest of her life."

"That's all the questions I have Mrs. Purvis. You're done unless Judge Blundt wants to ask you something."

The judge had none. Matt waited until Mrs. Purvis was seated before he walked to the witness chair to be sworn in by Hadley.

"I had my eye on the man I spotted as a professional gambler from the moment he got off the stage from Medicine Lodge late Tuesday afternoon August 28 until Dean Harlow got caught the next afternoon in the Lady Gay dealing from the bottom of the deck and substituting cards he'd hidden up his sleeve," Matt replied when Judge Blundt posed his first question. "I gave him a stern warning and the other players their money back."

"I assume since you were keeping a eye on Mr. Harlow's activities from the moment of his arrival you knew if he interacted with Miss Russell. When were you first aware of any contact between them?"

"Festus Haggen, a friend of mine, spotted Kitty exchanging a couple of casual words with him in Mr. Jonas' store right after I threw him out of the Lady Gay. I saw him with her for myself when I stopped by the Long Branch at the end of my early rounds. He had a tight hold on her and was pulling her away from the bar toward the stairs despite the fact she was fighting him as best she could. In two strides I pulled him off her and my right fist connected with his jaw. As Harlow staggered to his feet, I told him to get out of Dodge. He took an eastbound stage that left just as Kitty, Doc and I finished supper at Delmonico's."

"Why were you in Great Bend the evening of your arrest?"

"I left Dodge with my prisoner Hoyt Slocum for Abilene at dawn on August 30. It's a four-day ride and I wanted to make sure we were both on time for his trial for murder and robbery on Monday September 3. The judge wanted me to stay for Slocum's sentencing so I couldn't leave for home until midway through Tuesday morning. I was within a mile of Great Bend when night fell so I decided to take a hotel room rather than camp out for the night on Wednesday the 5th. While walking to this hotel from the stable behind it I saw a commotion in the alley. When I got closer I saw Harlow kicking Kitty Russell on the ground. The unexpected sight of her battered body lying there caused me to lose all control. I lit into Harlow with everything I had."

"Have you ever lost control like that before, Mr. Dillon? Have you ever threatened to beat someone to death in the past and why?"

"Nope. The badge I wear stops me. Yeah, Judge, I have threatened to kill men as part of my job. It tends to make them stop killing each other or beating up on a woman or child. When the person brutally attacked is one of my few close friends, only the badge reminds me I'm a lawman before I'm a man. When Sheriff Miller arrested me I thought Harlow might already have killed Kitty."

Only one final witness remained. Judge Blundt ordered everyone with even the slightest connection to the present case remain in court with two very important exceptions, Doctors Wilcox and Adams. He sent them to fetch Kitty Russell to the courtroom.


	11. Chapter 11 - All Eyes and Ears on Kitty

Chapter 11 – All Eyes and Ears on Kitty Russell

Very few people lucky enough to manage to secure a spot inside the makeshift courtroom made the slightest attempt to leave. Nearly everyone in Great Bend wanted to hear what the final witness, the female beating victim had to say. Foremost among them was Eleanor Purvis. She believed her brother, but wondered deep down if he'd reformed enough to no longer adhere to any of their father's beliefs concerning women and girls. She had no doubts that Matt Dillon was exactly like that father. Marriage to a good man had shown her how a home should be. Which of the two men would her words support, the accused or the accuser? Would she tell some or all of the truth?

Anticipation heightened during the brief ten-minute interval between the Doc Adams and Ben Wilcox's departure for the Wilcox home and their appearance in the hotel lobby turned courtroom. Tom Chalk was the first to arrive. As soon as the deputy took up his post blocking entry at the rear, Sheriff Rick Miller rose from his aisle seat and turned to face him. Simultaneously Bailiff and hotel owner Sterling Hadley moved to block access to the hotel dining room. Heads turned as Deputy stepped aside so the group containing the final witness could pass by him.

Miss Kitty Russell's beauty shone through despite the obvious bruises from her recent beating that even her carefully applied face paint couldn't hide. The redheaded owner of Dodge City's famous Long Branch Saloon, though still weak and obviously overcome by the realization of where she was, walked steadily and painfully down the center aisle toward the front of the room escorted by sisters Evelyn Miller on her left and Melinda Wilcox on her right. Doctors Adams and Wilcox followed closely behind, matching their pace to that of the three women.

Kitty's step faltered almost imperceptibly when she caught sight of Matt Dillon sitting at a table to her right. In truth, had it not been for her escort she might have fainted dead away at the welcome, yet perplexing, sight. Why wasn't Dean Harlow sitting between Matt and the local sheriff instead of at a table by himself? Her utter confusion, brought on by a total lack of information about what occurred in the past week, was apparent from the expression on her face.

"I'm sorry for the surprise Miss Russell," the judge said softly, but loud enough for everyone to hear, as the young woman blanched for the second time since entering the room. "The defense thought it best that you not know until the very last minute that a trial has been convened so as to assure that your testimony could in no way be construed as tainted and I agreed with him. Gentlemen and ladies escorting this witness, please take the seats set aside for you while Miss Russell is sworn in."

Kitty stepped forward and put her hand on the Bible to take the familiar oath. She glanced over to where Matt was sitting with Doc right behind him. Neither man betrayed what he was thinking except that Doc stroked his mustache and pulled on his ear and Matt's encouraging supportive smile that lasted for barely a second. Encouraged, she took her place in the witness chair ready to respond to whatever she was asked.

"Please verify you of what has transpired concerning your near fatal beating except what you personally experienced," Judge Blundt began. "Do you know who's accused of this heinous crime?"

"Until we entered this room I thought Doc was finally willing to allow me, in the company of the only companions I've had since I awoke, my first steps outside the Wilcox home. I haven't even seen anyone one else except Dean Harlow. I saw him when he burst into my sickroom off Dr. Wilcox's office and shouted something about needing to get me away to safety before some maniac returned as Doc hustled him away. At that moment I remembered everything that happened up to the moment I passed out, but Doc, Ben, Linda and Evelyn wouldn't let me talk about it or tell me anything they knew from then until this moment."

"Since you mentioned Mr. Harlow, let's begin with him," the judge continued. When and where did you first encounter him?"

"Back home in Dodge in Mr. Jonas' store about two weeks ago on August 29th. While I thumbed through a catalog Dean Harlow walked over and started talking explaining he was a stranger in town. We chatted politely about what might be of interest to him as a stranger in town for the first time, which led to me telling him where to find a poker game to his liking. I told him there was bound to be a game in my saloon later in the evening, but the Lady Gay had a regular afternoon game starting around four. He thanked me and nearly bumped into Festus Haggen, a friend of mine, as he left. I can't be sure, but I think Festus was helping Matt, Marshal Dillon, keep an eye on Harlow. Matt usually watches gamblers closely until he knows they're honest."

"What about Mr. Dillon? Do you think you know him well enough to form an accurate assessment of his character as a lawman?"

"I've known Matt Dillon for about ten years. My saloon, the Long Branch, draws nearly everyone through its batwing doors, local or simply passing through town, and that includes the local law. He's come to rely on me for information about employees and customers who might be connected to possible or actual crimes. Matt wants to be sure of who's responsible for breaking the law and that there's enough evidence to get a conviction in court. He prefers to arrest rather than face those he refers to as killers and spoilers in a gunfight."

"I assume you also know Mr. Dillon socially. What's Matt Dillon the man like? For example, is he quick tempered or prone to violence when aroused?"

"He's a man who keeps his innermost feelings to himself, but his basic character is apparent to anyone who bothers to see it. The oath he swore when he put on his badge is first and foremost in his heart. Enforcing the law fairly and honestly to improve the lives of honest citizens and bring civilization to the frontier is at the core of his being. He's kind, gentle, when the situation calls for it, and willing to give his life if necessary for those he's sworn to protect, especially women and children who've been beaten or otherwise abused. Unlike many men he doesn't consider them possessions, but respects them as human beings. Causing physical harm to those weaker than the assailant or to those few he allows to get close to him, makes him angry."

"Please elaborate. Has Mr. Dillon ever, for instance, lost control of his temper enough to threaten to kill anyone?"

"Yes, Judge; Matt has a temper. He has threatened to kill and meant it. However, he'd be a bit rough at first but would gain control of his anger before he broke the law. The circumstances would have to be extreme for him to even temporarily remove his badge and be just Matt Dillon the man. Only in such circumstances can I see Matt laying into the person responsible with all his strength until something in him or someone brought him to his senses."

"Thank you for your frankness. Did you have any further dealings with Mr. Harlow that first day? Was Mr. Dillon present for any of it?"

"Harlow was early for the poker game when he came into the Long Branch around seven that evening about an hour before the after supper crowd began filtering in. He soon made his intensions clear when he offered to buy me a drink. I refused and steered him toward any of my available girls, but he wouldn't take no for an answer. By the time Matt arrived so we could join Doc for supper at Delmonico's, Harlow was dragging me upstairs. Matt pulled him off me and knocked him down with one punch before telling him to leave town immediately. Matt, Doc and I saw him get on the eastbound stage as we were leaving the restaurant."

"I understand why Mr. Harlow left, but why did you decide to travel? Why stop in Great Bend?"

"Business is slow after the cattle season so I could leave Sam, my head bartender, in charge while I did some shopping without feeling guilty. I took the late afternoon train for Topeka the next day so I could buy, if I liked it enough, glassware from a company that claimed theirs nearly unbreakable among other things. When the train stopped briefly in Great Bend on its way east, I left my seat to stretch my legs and spotted the conductor talking with a man who might have been Harlow. Later, he stopped by my seat while collecting tickets from new passengers to tell me if I stopped here on my return trip and stayed overnight I could arrange a special meal worthy of New Orleans in the café owned by Mr. & Mrs. Purvis."

"Why would the conductor do such a thing? Was the special meal the only reason for staying overnight in Great Bend?"

"That conductor's a regular on the Dodge City trains. He must have learned I'm originally from New Orleans one of the times he stopped by the Long Branch. I was curious and in no rush so I telegraphed Sam from Topeka that I'd be returning two or three days later by stage instead of train. Why not spend the night and learn if what he told me was true?"

"What exactly do you remember about Wednesday night, a week ago? Miss Russell, please provide as much detail as you can."

"The driver helped me down from the stage, pointed out the café and the hotel, and took down my bags for the depot man to take over here. After eating a most satisfactory meal at the café I walked toward the hotel. Harlow materialized at my side, acting as if we'd planned to meet. However, when I told him in no uncertain terms I wanted nothing to do with him, he pulled me into the alley between the hotel and café before I could escape his grasp. He began to pummel me while spouting nonsense about how much better my life would be with him rather than with Matt in Dodge and that we could marry right away. The harder I tried to get away, the harder he beat me until I began to lose consciousness. When I fell to the ground he switched from his fists to kicking me. Just as everything went black I thought I heard Matt's angry voice yelling at Harlow. Then I woke up in Dr. Wilcox's sickroom with Doc sitting beside me. He told me he came as soon as he got a wire from the local sheriff that I was badly injured."

"Miss Russell unless Mr. Dillon wants to ask something more, you may take the empty seat by the aisle next to Dr. Adams."

Matt Dillon shook his head no. Kitty, wondering why the judge thought Matt could possibly want to ask her any questions, painfully rose and slowly walked to the indicated seat.


	12. Chapter 12 - Verdict

Chapter 12 – Verdict

Judge Blundt waited until Kitty Russell took her seat next to Dr. Adams before quieting the murmuring crowd trying to digest the beautiful redhead's testimony. His mind was already incorporating her responses to his questions like puzzle pieces into his evolving internal picture of what actually occurred. One more piece from the accused and the final, completed picture would emerge allowing him to announce his verdict and the sentence, if any that resulted from it.

Matt Dillon merely waited, his thoughts turned inward. He knew he was guilty of reacting like an ordinary man, not a lawman, upon seeing a woman he knew well apparently beaten to death. While most of his mind wrestled with the odds against him having any future, part of it focused on Kitty. He managed to turn his head toward her the instant she turned toward him, their eyes meeting in silent communication transmitting mutual gratitude. They broke contact just as the judge spoke.

"It's late but your suppers can wait the few minutes necessary to conclude this trial concerning the beatings that took place beside this hotel on September 5th. Therefore, will the prisoner please rise?"

Kitty slumped in her chair, barely feeling Doc's reassuring hand on her arm as the judge pounded his gavel for quiet. It was Matt on trial. He, not Harlow, would be sent to prison.

"Matthew Dillon you conducted a brilliant defense worthy of the finest lawyers in the state. Your reasoning in regards to how and when Miss Russell should take the stand left no doubt as to the total veracity of her account of events here and in Dodge City. Based on her testimony, which corroborates your own, I find you innocent of her attempted murder. However, you never denied beating Mr. Harlow, an attack prevented from being murder only by Sheriff Miller incapacitating you by means of two blows to the head with the barrel of his peacemaker. Both Miss Russell and Dr. Adams stated without any doubt that you thinking Miss Russell was dead or dying and seeing the apparently responsible man seemingly continuing the assault would move you to uncontrolled violence, but later you would be filled with remorse for abandoning the very law you took an oath to uphold. Are they correct in their assessment of your character?"

"Yeah," Matt, hanging his head, replied just loud enough to be heard. I should have pulled Harlow away from her and only hit him enough so I could arrest him. If I'd been acting like a lawman Harlow would have walked under his own power to Sheriff Miller's jail as soon as I yelled for help. Then I could have stayed with Kitty and been of some use to her. I accept whatever punishment you give me."

"If you'd responded differently I would declare you guilty of the original charge and sentence you to as much time in Leavenworth as the law allows. Instead, seeing that your character is as related, I feel there are mitigating circumstances that led Matt Dillon the man, who abhors violence against women, to act rashly upon seeing a man apparently beating a woman he considers a close friend possibly to death. Therefore, I rule that your actions under the circumstances, though extreme due to lack of emotional control, were understandable. Your time spent in Mr. Miller's jail worrying about Miss Russell's fate and then your own future are sufficient to warrant no further punishment."

Shocked, Matt couldn't move. He barely noticed that Doc and Kitty standing in support on either side of him, relieved he wasn't going to prison. Judge Blundt broke the silence, but not the movement of some trying to exit past Deputy Chalk and Bailiff Hadley.

"Need I remind everyone court remains in session," he intoned as he banged his gavel. "Dean Harlow's part in these proceedings has changed. Miss Russell, do you wish to file charges?"

"No, Your Honor. I'd rather put all of this behind me as long as I never have to see him again."

"Very well. Mr. Harlow, you won't face an attempted murder charge, but there's still the matter of perjury. Perhaps we may avoid a trial for that as well. I propose that Dean Harlow stay away from Kansas for a minimum of five years and all of Ford County in particular for a minimum of ten. Furthermore Mr. Harlow, if you return to this state after the stipulated time and willfully seek contact so as to bring you within 100 yards of either Marshal Dillon or Miss Russell, the perjury charges will be reinstated and you will have to stand trial. Finally Mr. Harlow, if you enter Kansas, and in particular, Ford County before you may legally do so, you will spend the time remaining until entry is lawful in prison, following which you will be tried for perjury. Is this agreeable to all parties concerned?"

Sheriff Miller stood by waiting for Matt, Kitty and Harlow to respond to Judge Blundt's offer. When they agreed to the terms offered he spoke.

"I believe there's a stage heading north to Riverton, Nebraska that's leaving in two hours," he told Harlow. "You should be on it."

"Court dismissed," Judge Blundt declared. "However, I'd like Mr. Dillon and Sheriff Miller to remain. Dr. Adams, Miss Russell, Dr. and Mrs. Wilcox and Mrs. Miller you many remain as well so we may all enjoy dinner together in the hotel dining room as soon as one more item of business is concluded. Sheriff Miller," he continued "Please return Marshal Dillon's badge to him whether or not you've notified Washington. Even if you have notified the Government, I'm sure a letter from me will be sufficient to reinstate him."

"Your badge is locked in my safe along with your money and gun Matt. "Also, since the rest of your property in Great Bend is in our possession and you can't leave until tomorrow, please accept my and Evelyn's invitation to stay at our house tonight," he added as the group walked through the arched doorway into dining room.

For most of the meal there was no sound except the scrape of forks and knives against plates. While the Judge Blundt and his guests enjoyed peach cobbler and coffee at the end of the meal the judge broached one last bit of legal business.

"Marshal, your will was one piece of evidence that helped me make my decision. After reading it, I wondered, even though it's really none of my business, if you and Miss Russell are a courting couple?"

Matt and Kitty replied in unison, "you're right. It's none of your business."

Kitty continued, "I don't know what Matt said about us in his testimony, but I said all you need to know in mine," she said rising from her chair.

It was a signal for Ben and Linda Wilcox to rise as well and walk with Kitty to their home. They paused to watch the Purvises say goodbye to Dean Harlow as he boarded the Riverton stage and greet Deputy Chalk on his way inside the hotel to let the judge and his boss know Harlow had left. He arrived as the rest of the dinner party prepared to leave. Judge Blundt, Matt and Doc followed Rick Miller into his office while Tom escorted Evelyn Miller home.

"I apologize Marshal for being nosy about your private life, but I was struck by the personal nature of the items you chose to bestow upon Miss Russell. I should have realized only a woman would want them, which brings me back to your will. It needs to be finalized while the witnesses are available and before the writing fades. I propose the three of you trace over your penciled lines with ink and copy the document over as many times as you think are necessary while I'm here to oversee it. How many will does that total?"

"I reckon the original should be locked in Doc's desk. As for the rest, one can be locked in my office safe next to the will Kitty made out when she became full owner of the Long Branch, one locked in Kitty's office safe and the final one secured in Mr. Bodkins' bank safe. Doc can send a wire to Frank Reardon in Hays when the time comes."

In no more than three-quarters of an hour all four copies were completed and sealed in labeled envelopes under Judge Blundt's eye. Matt placed two in his coat pocket. Doc pocketed the other two because he and Kitty were staying with the Wilcoxes.

By nine the next morning the three Dodge City citizens were aboard their train home with Matt and Kitty on one seat so the tall man could stretch out his long legs, and Doc directly facing her. Once the train was moving, Kitty let the rocking motion lull her into sleep, waking only long enough to eat one of the sandwiches Evelyn Miller had packed for the trio. This pleased both men; Doc because she was resting and Matt because her head rested against his shoulder rather than the cold, hard window.

Doc was the first to notice her beginning to stir when the train slowed down as they approached the Dodge station and quipped, "That's quite the picture. It's my considered opinion that for the sake of your health, you two ought to cozy up to each other like that more often."

Kitty came fully awake at the comment and sat erect in her seat. Matt stiffened but used the small window of opportunity before their friends met them at the station to say what was on his mind.

"I don't want to think about what would have happened if you hadn't lived. I owe you my life, but a proper thank you will have to wait until a certain interfering doctor isn't staring at us."

"Cowboy, you show me how thankful you are and I'll reward you with some special thanks of my own. If you hadn't arrived when you did, I wouldn't have been around to thank or be thanked."

"That interfering doctor, am I? I'm neither blind nor deaf, I'll have you know!"


End file.
